5.3. PCSR 03-09-2010 - Laserfiche WebLink

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amended from time to tine, if effective as to the particular indemnified action or claim. Nothing in this Per~~nit is intended to waive the immunities to which the City is entitled by law. C. The Permittee waives and releases tlae City from all claims, direct or indirect, arising or claimed to have arisen out of all actions or inactions relating to the City's consideration or issuance of the Pe~~nit, D, The Pe~~nittee shall reimburse the City for all costs incurred in enforcement of this Permit, including consultant and attox~aeys' fees. Failure by Per~~nittee to reimburse City within forty~five X45} days of receiving an invoice for any costs for which reimbursement is required by the terms of this Conditional Use Permit or the License for the Facility, shall be cause for revocation of this Permit. ~1 G. Miscellaneous; A. Tlais Pe~nit and its conditions shall be binding upon each of the Per~nittees, jointly and severally, referred to collectively in this Permit in the singular as Permittee, and the successors and assigns of any one of them. Tl~e assig~unent by any Perlnittee of its interest in tl~e Facility sha11 not relieve it of responsibility and liability under this Permit without the written consent of the City, which consent shall not be unreasonably withheld, B, Violation of the terms of this Permit or of MPCA Permit No, Sw-3o5 or Air Emission Facility Permit No. ~~~~~~~~~ ~: ~ 1. ~~~~~~003 by tl~e Permittee shall entitle the City to any and all remedies available at law or in equity. If the City determines that such violation results in a clear and imminent danger to the health and safety of the City's residents, the City's remedies shall include immediate cessation of operation or construction, or both, without the necessity of a judicial order in advance of the salve. In all other instances, the immediate cessation remedy shall be preceded by a judicial order. A revocation ar suspension of this Pez~nit sha11 be only as to the violating component of the Facility, not as to tl~e components not in violation. C, If any portion, section subsection, sentence, clause, paragraph, or phrase of this Per~~~it is for any reason held invalid, such decision shall vat affect the validity of the remaining portions of tlae Permit. D. The action ar inaction of the City shall not constitute a waiver or amendment to the provisions of this Permit. To be binding, amendments or waivers shall be in writing, signed by the Permittee, and approved by wz~itten resolution of tlae City Council. The City's failure to promptly take legal action to enforce this Permit shall not be a waiver or release. S~\PLANNING MAtN\Casc Files\CUP\CU (~-22 Resource Recovexy Technologies\CUP